Bob Ferguson, the Democratic governor of Washington state and a self-identifying Catholic, ratified a bill in May that would have compelled Catholic priests to break the seal of confession or face up to 364 days in jail and a $5,000 fine.

As it would invite the government into the confessional and put priests at risk of automatic excommunication, Catholic bishops in the Evergreen State vowed to defy the law, reassured Catholics in their dioceses that the seal of the confession would remain unbroken, and filed suit on May 18, asking a federal court to block Senate Bill 5375.

The Trump Department of Justice joined the fight last month, intervening in the bishops' case against the State of Washington and emphasizing that SB 5375 "deprives Catholic priests of their fundamental right to freely exercise their religious beliefs, as guaranteed under the First Amendment."

'Here, clergy were explicitly singled out.'

A Biden judge broke from custom on Friday, issuing an injunction that hurt rather than aided the Democratic cause.

U.S. District Judge David Estudillo temporarily blocked the law, noting that "there is no question that SB 5375 burdens Plaintiffs' free exercise of religion" by placing clergymen "in the position of either complying with the requirements of their faith or violating the law."

The Catechism of the Catholic Church maintains that "every priest who hears confessions is bound under very severe penalties to keep absolute secrecy regarding the sins that his penitents have confessed to him" and "can make no use of knowledge that confession gives him about penitents' lives."

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Washington State Gov. Bob Ferguson (D). Photo by JASON REDMOND/AFP via Getty Images

The Code of Canon Law cited in the bishops' complaint similarly underscores the inviolability of the sacramental seal, noting further that a "confessor who directly violates the sacramental seal incurs a latae sententiae — automatic — excommunication reserved to the Apostolic See."

In the amicus brief it filed last week, the U.S. Conference of Catholic Bishops noted that by driving priests into Washington jails or out of the church, Democrats' law "would also be catastrophic for parishioners, who will be left with fewer clergy to administer the Sacrament of Confession to them."

Estudillo appeared to agree with the argument raised by both the bishops and the Justice Department that the law is not neutral and generally applicable.

SB 5375 will require any person operating in an official supervisory capacity with a nonprofit or a for-profit organization who has "reasonable cause to believe that a child has suffered abuse or neglect" to notify law enforcement or the Department of Children, Youth, and Families.

However, as acknowledged in the final bill report, the Democratic law mandates no one except for members of the clergy to report abuse when that information is obtained solely as a result of a privileged communication.

"SB 5375 modifies existing law solely to make members of the clergy mandatory reporters with respect to child abuse or neglect," wrote Estudillo. "However, other groups of adults who may learn about child abuse are not required to report. Parents and caregivers, for example, are not mandatory reporters."

The judge noted that another piece of legislation set to go into effect with SB 5375 on July 27 will also exempt university attorneys from divulging child abuse information if it has something to do with their clients.

"A law is not neutral if the government 'proceeds in a manner intolerant of religious beliefs or restricts practices because of their religious nature,'" Estudillo noted. "Here, clergy were explicitly singled out."

The judge indicated there were likely less restrictive and more effective means of helping protect children and highlighted Catholic Church efforts already underway that go further in the protection of children than required by state law.

As a result of the Supreme Court's ruling in Trump v. CASA Inc., which severely restricted the reach of judicial injunctions, Estudillo indicated he had to limit relief to the individual plaintiffs in the case. There was, however, a catch.

'In a nation where anti-Catholic bigotry is on the rise, this ruling is a hopeful reminder.'

Estudillo noted that the bishops — Archbishop Paul Etienne of the Archdiocese of Seattle, Bishop Joseph Tyson of the Diocese of Yakima, and Bishop Thomas Daly of the Diocese of Spokane — have a responsibility for the administration of the sacraments and the discipline of the priests across their dioceses, and that absent an injunction that applies across all three dioceses, "they — as individuals — cannot fulfill their religious responsibility by ensuring that the priests within their dioceses maintain the sacramental seal."

Accordingly, the judge determined that complete relief in this case must apply to all Catholic priests who fall under the administration of Etienne, Daly, and Tyson. As those bishops run the only three dioceses in the state, Estudillo's injunction effectively protects all priests in the state while the lawsuit proceeds.

Kelsey Reinhardt, president of CatholicVote, called the ruling a "major victory for religious freedom" in a statement obtained by Blaze News.

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Photo by Scott Olson/Getty Images

"The Seal of Confession is not only a vital tenet of the Catholic faith, it is a safeguard for the penitent — who must be free to seek God’s forgiveness without fear of exposure," continued Reinhardt. "In a nation where anti-Catholic bigotry is on the rise, this ruling is a hopeful reminder: no American should face criminal penalties for living out their faith. We are grateful for today's ruling and hope that the final outcome of the case similarly reflects our nation's commitment to the First Amendment of all Americans — especially Catholics."

The Becket Fund for Religious Liberty, which represented the lead plaintiffs with the First Liberty Institute and WilmerHale, similarly celebrated the ruling.

"This ruling confirms what has always been true: In America, government officials have no business prying into the confessional," said Becket CEO Mark Rienzi. "By protecting the seal of confession, the court has also safeguarded the basic principle that people of all faiths should be free to practice their beliefs without government interference."

"For centuries, Catholic faithful around the world have sought reconciliation with God through the sacrament of confession," said Jean Hill, executive director of the Washington State Catholic Conference. "This ruling protects that sacred space and ensures that Washingtonians of all religious stripes can live out their beliefs in peace."

The Trump DOJ has separately requested a preliminary injunction, which will be taken up this week.

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